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Parks battle over custody
Niagara Falls theme park is refusing to return an orca to its owners, SeaWorld in the USA. Marineland Canada Inc. has been ordered to return Ikaika, the eight-year-old whale but are ready to appeal to the Ontario Court because they say the original understanding between both companies was that the animal would stay in Canada.
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SeaWorld in Orlando, apparently loaned "Ike" to Marineland for breeding in 2006 but after giving notice it was terminating the "breeding loan agreement" and asking for the whale back, Marineland refused. SeaWorld indicated that by 2009, it had become concerned about Ikaika's physical and psychological health if it remained at the facility. Marineland, meanwhile, unsuccessfully requested a full-blown trial to argue that the termination provision of the breeding loan agreement was ambiguous, stating the two companies had a previous written understanding that the agreement could only be terminated by SeaWorld if Marineland was no longer able to properly maintain Ike. Otherwise, it could keep him for life.
Marineland look set to lose as the court has found that the breeding loan with Marineland was properly terminated so plans are being made to co-ordinate Ikaika's move in the not-too-distant future. Ikaika remains in his tank at Marineland's Friendship Cove with the park's only other orca, Kiska. They have so far produced no offspring.
Ikaika is Tilikum's son, the male orca who is held at Sea World's Orlando park and who killed his trainer over a year ago.
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